M.Y.EQBAL, J. - (1.) HEARD Mr. R.C. Khatri, learned Counsel for the petitioners learned Advocate General appearing for the respondents -State and Mr. P.K. Prasad, learned Counsel appearing on behalf of respondent Nos. 8 and 9.
(2.) IN this writ petition the petitioners have prayed for quashing the office orders dated 6.1.2005 and 8.4.2005 (Annexures 38. 4) by which respondent Nos. 2 and 4, namely. Commissioner, Santhal Paragana Division, Durnka and the Deputy Commissioner, Deoghar alleged to have instructed the authorities to forcibly oust the petitioners from their residential house by deploying armed force. Petitioners ' case is that the land measuring 15 bighas 12 kathas and 5 dhurs situated in the district of Deoghar and the building stating thereon known as Marble House, was at one point of time, leased out by the then Gahwal Pathrol Estate in favour of Mehralli Seikh in the year, 1900 for a period of 50 years. Said Mehralli Seikh continued to be in possession so long he was alive and after his death the petitioners, being the heirs are continuously residing in the said house. In the year, 1988 respondent Nos. 8 and 9 applied for mutation of their names in respect of the said property on the basis of the subsequent lease, executed in favour of their predecessor -in -interest. Mutation was disallowed by the order of the Circle Officer, petitioners ' further case is that a proceeding under Sec.144, Cr PC was also initiated and the same was dropped but in spite of that, all of a sudden, the local administration along with police personnels, came to the said house on 8.4.2005 and wanted to take forcible possession in presence of the Circle Officer.
(3.) CONSIDERING the averments made in the writ petition, all the respondents were directed to file their counter affidavits. Respondent Nos. 8 and 9, in their counter affidavit, have stated that Merralli Seikh was the tenure holder who granted raiyati settlement in favour of one E.M Floyd by registered lease deed dated 15.11.1900 with right to construct house. The said raiyat E.M. Floyd sold the said land to Henry David Bon -zamine on the same day which was subsequently purchased by respondent Nos. 8 and 9 by virtue of a registered document. The petitioners, therefore, have no right to maintain the writ application when their ancestor had already made a raiyati settlement as far back as in 1900. These respondents have further claimed as to how, when and in what manner the petitioners continued to be in long possession of the properly in question. They have asserted that they are the lawful owners and have been continuing in possession which will be apparent from the judgments of the civil Court and the revenue records. They have alleged that it is the petitioners who have been planning to oust these respondents illegally and forcibly due to which the respondents took shelter of the police. Respondents further case is that after the death of Mehralli Seikh his three sons Kari Seikh, Parmali Seikh and Hasanu Seikh inherited the property and they sold the same to one Amrit Lal Sil along with all zamindari rights by virtue of sale deed in the year, 1913.;